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Questions Answered by Bruce Martin Broyles

2 Answers | Asked in Contracts and Landlord - Tenant for Ohio on

Q: Can I be charged rent when I don’t live in the apartment anymore?

I live in ohio and I resigned my lease for 2019/2020. I decided I didn’t want to live there anymore and found someone to take my lease. She can’t move in until August 19. She technically took my resigned lease and the lease I’m currently in ends 7/22/2019. But the office said I am responsible... Read more »

Bruce Martin Broyles answered on Jun 13, 2019

You have a written contract obligating you to lease the apartment through 2020. It sounds as though you have someone who is willing to sublet the apartment from you. However, you are ultimately responsible for the tenant's obligations when you sublet. On the other hand, if the landlord is... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on

Q: I have a rental house in Elmore, OH that the renter has left, but all of her belongings are still there, what can I

The renter left the house on April 15th, as she ran up an electric/water bill so high that the village turned off both that day. Both the water and electric are still off today, so it is uninhabitable. She has not lived in the house since April 15th, nor has she paid rent since then. I have asked... Read more »

Bruce Martin Broyles answered on Jun 10, 2019

You can enter the real property with reasonable notice. Typically, you have to provide 24 hour written notice. However, under the circumstances, I believe knocking on the door would be reasonable notice. You can make repairs.

I suggest that you file an eviction action. The tenant will...
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1 Answer | Asked in Gov & Administrative Law, Contracts and Appeals / Appellate Law for Ohio on

Q: Is there a way to get State of Ohio to review their finding of a teacher’s performance rating?

Bruce Martin Broyles answered on May 31, 2019

The teacher has the administrative right to challenge the performance rating by the terms of the teacher's contract. There are very specific objections or challenges to the performance rating that have to be brought within strict time limits.

Students and parents do not have such a right.

2 Answers | Asked in Real Estate Law for Ohio on

Q: 4 people own a small lot 3 want to sell. the 3 people cut and maintain the lot the other does nothing, how do we sell?

Bruce Martin Broyles answered on May 31, 2019

The three owners that want to sell the property can file a petition for partition. The petition should be filed in the County in which the property is located, and should attach the deed demonstrating the current ownership interest. The petition then simply states that there is a disagreement... Read more »

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1 Answer | Asked in Contracts and Construction Law for Ohio on

Q: Can a home builder be sued for breech of contract if they don’t follow plans, or finish per contract time frame?

All elements of house build were signed by all parties (builder/homeowner). There was a specific electrical plan for entire house that was signed off. We identified they were not following signed electrical plan. When confronted why they weren’t following they stated “we don’t follow those... Read more »

Bruce Martin Broyles answered on May 23, 2019

Yes. Unless the deviation from the signed electrical plan is relatively minor or the result of an extreme increase in the cost. You should be able to require the contractor to follow the signed electrical plan. Regarding the 2 1/2 month delay, you may be able to sue for breach of contract... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: I resigned a year lease in February because I had a roommate move in with me. The Lanlord then sold the property to

A new Company May 1st. I did not find out until May 9th when they stopped by to introduce themselves. They said that they don't accept Pit bull dogs on their properties. So they will give us until July 31st to vacate. But in my lease with the prior Lanlord I am allowed to have my dogs. What are my... Read more »

Bruce Martin Broyles answered on May 23, 2019

If the new owner purchased the real property with knowledge that it was leased, then the new owner takes subject to the lease that you signed in February. Of course, the new owner will most likely not renew your lease next February, but for now they can not force you to vacate.

2 Answers | Asked in Real Estate Law and Construction Law for Ohio on

Q: Can a builder lock me out of my 100% custom home which I own the land and hold the insurance policy?

Bruce Martin Broyles answered on May 23, 2019

A contractor may be able to limit your access during the construction, but you should be concerned if the contractor is completely denying access. You should make certain that you are communicating with the contractor to gain access.

Possession of the property and moving your personal...
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2 Answers | Asked in Real Estate Law for Ohio on

Q: we had a sale pending 13 day before closing - buyer back out - home inspection done . we didn't get contingency due to

she was put 50% down in cash. We have move most of our stuff into storage units. Because she want immediate occupancy . After she back out , We ask for $500 to pay for the units. ( which she said would not pay ) She had our home tie up for 5 weeks and we had others wanting to look at your... Read more »

Bruce Martin Broyles answered on May 23, 2019

If the contract has been fully performed by you and the buyer has no legal right to back out of the contract, then you can sue for specific performance and in the alternative sue for damages. Damages would include the difference in the contract price versus the new sales price, interest and... Read more »

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1 Answer | Asked in Land Use & Zoning for Ohio on

Q: I've been told that my residence is illegal that I just bought. Now what?

My parents recently bought a house with a 2nd dwelling on it a dwelling that's been there and rented for 20 years. I was going to live there in exchange for taking care of my disabled mother. They would be living in the main residence. Now the zoning department is saying that it's an illegal... Read more »

Bruce Martin Broyles answered on Aug 13, 2018

Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning... Read more »

2 Answers | Asked in Real Estate Law for Ohio on

Q: What happens when a cancelled corporation owns real estate ? Corp was cancelled by the state in 2011. Buyer waiting.

My Mother's house is owned by myself and 3 siblings - each at 25%. My 25% was transferred to my corporation back in 2008. The State cancelled the corp in 2011. Mother now deceased and an offer to buy is pending. Do I try to reinstate the corp or can I start a new one with same name ?... Read more »

Bruce Martin Broyles answered on Aug 9, 2018

The easier course of action would be to simply reinstate the corporation. If it is an Ohio corporation simply visit the Ohio Secretary of State website and find the form to reinstate. They website changes so often no one will be able to guide you directly to the forms, but you should be able to... Read more »

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2 Answers | Asked in Civil Litigation and Collections for Ohio on

Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?

Bruce Martin Broyles answered on Aug 6, 2018

No. However, you need to be certain that it is your separate property. Most personal property is not held by a title. Funds in a joint bank account lose their separate identity. In addition, you must be aware of fraudulent transfers as suggested by others on this site.

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1 Answer | Asked in Real Estate Law for Ohio on

Q: A septic system is to be replaced in a timely manner, what does timely manner mean?

It failed inspection for purposes of selling a home

Bruce Martin Broyles answered on Aug 1, 2018

"Timely manner" most likely has no well defined meaning. You should have an attorney draft this provision to set forth a time period which may or may not be extended due to circumstances beyond the seller's control

1 Answer | Asked in Real Estate Law for Ohio on

Q: If a condominium unit is foreclosed in Ohio, must the mortgage company pay the assessment?

A unit owner has died and funds in her estate are no longer available. The mortgage holder has subsequently taken over by foreclosure. When the Association told the bank that the quarterly assessment was due, they indicated we should not expect them to pay fees. Does Ohio law allow them to... Read more »

Bruce Martin Broyles answered on Jul 21, 2018

If you are the condo association and the unit has unpaid assessments, you should have filed a lien and the association would be named in the foreclosure action.

You can file a lien and bring your own foreclosure action, or you could simply file an action to personally collect the...
Read more »

2 Answers | Asked in Real Estate Law for Ohio on

Q: Buying parent's house w/ no agnt & bank asked for purchase contract. Do I need to hire real estate lawyer for contract?

The sale is being made as sell by owner. My mother is selling the home to me and bank asked for a purchase contract. We're trying not to involve a real estate agent, but my research showed a real estate lawyer should be used for the contract drafting. I've seen examples of contracts online and I... Read more »

Bruce Martin Broyles answered on Jul 21, 2018

Short Answer: Yes, you could purchase your mother's house using an on-line file in the blank purchase agreement.

An attorney is rarely needed when things go smoothly and there are no disagreements. However, if an issue comes up or there is a disagreement then you will wish you had used...
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2 Answers | Asked in Real Estate Law for Ohio on

Q: I bought a home four months ago and the seller did not disclose that there was serious drainage/flooding. He flipped

the home and did not live in it, although he had it almost two years and neighbors have told me they tried to get him to address the situation, so he knew 100%. Do I have recourse to make him pay for fixing it? I was told since he did not live in the property I would not. I live in Ohio.

Bruce Martin Broyles answered on Jul 10, 2018

There may be an exception to the Seller disclosure statement if the seller did not reside in the house. However, if you can prove that he was aware of the issue then the Seller disclosure statement is not a factor. The key will be the language of the purchase agreement. If you purchased "as is",... Read more »

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Ohio on

Q: Can my landlord deduct “cleaning apartment” and “carpet from my deposit?

Hello,

I leased with this company in bowling green Ohio called greenbriar. My security deposit was $367.50. Before leaving the apartment, my roommate and I took a good 3 days to clean this place which included vacuuming, dusting, disinfecting, bleaching, etc. The place looked good when we... Read more »

Bruce Martin Broyles answered on Jul 3, 2018

You can dispute the charges by filing a small claims complaint. If your landlord is found to have wrongfully withheld your deposit you can recover treble damages and your attorney fees. However, it will be difficult for you to establish the condition of the apartment at the time you vacated... Read more »

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2 Answers | Asked in Real Estate Law for Ohio on

Q: if i take care of vacant lot. for over 7 years.can i claim it as my owen..

I have been taking care of a lot for over 10 years the guy that owned it lives and another town 20 miles away only came and mowed the grass twice and 10 years

Bruce Martin Broyles answered on Jun 25, 2018

UOU ARE ATTEMPTING TO ASSERT A CLAIM OF ADVERSE POSSESSION.

In order to successfully assert a claim for adverse possession your possession must be adverse, open , obvious, and continuous for a period of 21 years. Cutting the grass for 10 years is not long enough and probably is not...
Read more »

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2 Answers | Asked in Consumer Law and Land Use & Zoning for Ohio on

Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information

even though the grantor did not pay for driveway installation

Bruce Martin Broyles answered on Jun 19, 2018

A "servient tenement" is the land that is subject to the easement. A "dominant tenement" is the land that is benefitted by the easement. The owner of the servient tenement has full use to the land to the extent that the use is not inconsistent with the easement owner's reasonable enjoyment of the... Read more »

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1 Answer | Asked in Construction Law, Contracts and Real Estate Law for Ohio on

Q: Is there a "lemon law" per say on houses? We just found a serious issue after buying in December 2016 that was "covered"

The basement had been freshly painted prior to showing with a very thick paint so of course we did not notice ANY cracks in the basement walls (we looked at this property three times)! Just yesterday we noticed a very weird, very straight line of dirt 2 feet from the top of the basement walls. My... Read more »

Bruce Martin Broyles answered on Jun 1, 2018

In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will... Read more »

1 Answer | Asked in Real Estate Law for Ohio on

Q: I signed a document stating that my neighbor could put a fence without a survey being done.

Now that I had one done, he is on my property by 2 feet. Can I have him remove it?

Bruce Martin Broyles answered on May 31, 2018

The document you signed needs to be reviewed. It depends on the language of the document as to whether you can have the fence removed. The real property still belongs to you (unless the language of the document states something different), and your neighbor cannot make any claim to the property... Read more »

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